143Immunity from liability for controlled conduct during25

143 Immunity from liability for controlled conduct during25 controlled intelligence operations26 (1) Despite any other law of the Commonwealth, a State or a Territory27 (including the general law), a participant in a controlled28 intelligence operation is not subject to any civil or criminal liability29 for or in relation to conduct engaged in by the participant if:30

Effect of CIO authorities etc. Division 5 No. , 2026 Australian Criminal Intelligence Commission Bill 2026 153 (a) the participant engages in the conduct in the course of, and1 for the purposes of, the controlled intelligence operation; and2 (b) the participant engages in the conduct in accordance with the3 CIO authority to conduct the controlled intelligence4 operation; and5 (c) the participant is identified in the CIO authority as a person6 authorised to engage in controlled conduct for the purposes7 of the controlled intelligence operation; and8 (d) the conduct does not involve the participant intentionally9 inducing another person to commit an offence against a law10 of the Commonwealth, a State or a Territory that the other11 person would not otherwise have intended to commit; and12 (e) the conduct does not involve the participant engaging in any13 conduct that is likely to:14 (i) seriously endanger the health or safety of any person; or15 (ii) cause the death of, or serious injury to, any person; or16 (iii) involve the commission of a sexual offence against any17 person; or18 (iv) result in significant loss of, or serious damage to,19 property; and20 (f) if the participant is a civilian participant—the civilian21 participant acts in accordance with the instructions of an22 ACIC staff member; and23 (g) the requirements (if any) specified in a determination under24 subsection (2) have been met.25 (2) The Attorney-General may, by legislative instrument, determine26 requirements for the purposes of paragraph (1)(g).27 (3) Nothing in subparagraph (1)(e)(iii) is intended to prevent the28 participant being protected from civil or criminal liability if the29 conduct involves the participant:30 (a) dealing with material depicting, material describing or31 material otherwise involving a sexual offence against any32 person; or33 (b) facilitating a person to deal with such material.34

Division 5 Effect of CIO authorities etc. 154 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 144 Requirements for warrants etc. not affected1 If, apart from this Part, the ACIC could not do a particular act2 without it being authorised by warrant issued under this Act or3 another Act of the Commonwealth, this Part does not allow the4 ACIC to do the act without the warrant.5